The U.S. government has officially handed the keys to Oak Flat (Chí’chil Biłdagoteel in Apache) over to mining company Resolution Copper in a land swap deal that was approved in 2014 as part of the National Defense Authorization Act of 2015.

This comes after numerous courtroom battles since 2021 between 501(c)(3) nonprofit community organization Apache Stronghold and the federal government, with the Stronghold looking to halt construction of the mine.

A large copper deposit exists at the site, 7,000 feet below the surface on what was federally owned land in Arizona’s Tonto National Forest before the deal. Now, the site is privately owned.

The transfer was opposed by many San Carlos Apache tribal members and religious freedom advocates who said the mine would cause environmental destruction and prevent tribal members from practicing their traditional religious ceremonies.

Resolution Copper aims to begin mining at Oak Flat to meet the demand for copper while creating jobs for San Carlos Apache tribal members and other residents in the area.

An April 22 press release from Becket, one of Apache Stronghold’s legal representatives, said that a coalition of Western Apaches, other Native peoples and non-Native allies filed an updated lawsuit in federal district court challenging the decision from the Ninth Circuit Court of Appeals to complete the land exchange. Apache Stronghold is requesting a trial by jury.

The lawsuit seeks a declaration that the government’s actions are unlawful and an injunction preventing the destruction of Oak Flat and protecting the Apaches’ right to continue accessing and worshipping at Oak Flat, according to Becket.

“The feds rushed the Oak Flat transfer through under cover of darkness because they wanted to dodge meaningful judicial review,” said Luke Goodrich, vice president and senior counsel at Becket and lead attorney for Apache Stronghold. “That was as illegal as it was brazen. The court should rescind the illegal transfer and protect the freedom of Western Apaches to continue worshipping at Oak Flat for generations to come.”

This article has been updated